1.Which of the following statement of law is untrue:
a.Decree holder under Section 2(3) CPC means any person in whose favour a decree has been passed.
b.Decree holder means any person in whose favour an order capable of execution has been made.
c.Decree holder necessarily must be the plaintiff himself.
d.Decree holder can be a person who is not a party to the suit, but in whose favour an order capable of execution has been passed.
Ans.c
Sol.
- Under S.2(3) of CPC — “Decree-holder” means any person in whose favour a decree has been passed or an order capable of execution has been made. From this definition, it is clear that the decree-holder need not necessarily be the plaintiff. A person who is not a party to a suit but in whose favour an order capable of execution has been passed is also a decree-holder.
- Thus, where a decree for specific performance is passed, such a decree is capable of execution, both by the plaintiff as well as the defendant, and, therefore, either of the parties is a decree-holder.
2.When two or more persons, by fighting in a public place, disturb the public peace, they are said to –
a.commit an affray.
b.commit rioting.
c.constitute an unlawful assembly.
d.commit no offence
Ans.a
Sol.
- Under S.159 IPC/ S.194(1) BNS, when two or more persons, by fighting in a public place, disturb the public peace, they are said to “commit an affray”.
- Ingredients to constitute affray:
(1)Fight between two or more persons,
(2)In a public place, and
(3) The fight must disturb the public peace
3.In a case, wherein an accused, who is represented by a pleader, persistently disturbs the proceedings in court, the Magistrate can –
a.dispense with his attendance and proceed with the trial in his absence.
b.cancel his bail and remand him to custody.
c.pronounce judgment based on the available evidence.
d.acquit him.
Ans.a
Sol.
- The general rule in criminal cases is that all inquiries and trials should be conducted in the presence of the accused. S.317 CrPC /S.355 BNSS provides an exception to this general rule. It enables the court to dispense with the personal attendance of the accused and proceed with the inquiry or trial in his absence.
- The court before dispensing with the personal attendance of the accused must be satisfied that
1) such attendance is not necessary in the interests of justice, or
2) that the accused persistently disturbs the proceedings in court. - This power can be exercised only if the accused person is represented by a lawyer. The court is also required to record its reasons for such order.
4.In the case of certified copies of documents duly certified as per Section 79 of the Indian Evidence Act
a.the court may presume it to be genuine.
b.its genuineness has to be proved through evidence.
c.the certification is conclusive proof of its genuineness.
d.the court shall presume it to be genuine.
Ans.d
Sol.
- Under Section 79 IEA/ S.78 BSA a court is bound to draw the presumption that the certified copy of a document is genuine and also that the officer signed in official character which he claimed in the said document.
- But such a presumption is permissible only if the certified copy is substantially in the form and purports to be executed in the manner provided by law in that behalf.
5.Which one of the following writs literally means “what is your authority”?
a.Habeas Corpus.
b.Certiorari.
c.Quo Warranto.
d.Prohibition.
Ans.c
Sol.
- The Supreme Court (under Article 32) and the high courts (under Article 226) can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo-warranto. Quo warranto is issued by the court to enquire into the legality of claim of a person to a public office. Hence it prevents illegal usurpation of public office by a person.
- Literary meanings of writs –
Habeus Corpus : to have the body of
Mandamus : we command
Prohibition : to forbid
Certiorari :to be informed
Quo warranto : by what authority or warrant
